WVC 15 - 2 A- 11
§15-2A-11. Same -- Physical examinations; termination.
(a) The board may require any disabled retirant to submit to
a physical or mental examination or both a physical and mental
examination by a physician or physicians selected or approved by
the board and the physician or physicians shall submit a report of
the findings of the physician or physicians in writing to the board
for its consideration. All medical costs associated with the
examination shall be paid by the fund. If from the report, or from
the report and hearing on the report, the board is of the opinion
and finds that the disabled retirant has recovered from the
disability to the extent that he or she is able to perform
adequately the duties of a law-enforcement officer, the board shall
within five working days provide written notice of the finding to
the Superintendent of State Police, who shall reinstate the
retirant to active duty as a member of the department at his or her
rank or classification prior to the disability retirement within
forty-five days of the finding, unless the retirant declines to be
reinstated, is found by a background check to be ineligible for
reinstatement, or is found by the Superintendent to be unacceptable
due to the retirant's performance history and evaluations during
prior work with the department. The Superintendent shall promptly
notify the board when the retirant is reinstated, is found
ineligible for reinstatement due to a background check or
unacceptable prior performance history or evaluations, or refuses
reinstatement. The board shall order disability payments from the fund to be terminated at the earlier of the date of the retirant's
reinstatement, regular retirement, failure of a background check,
finding of unacceptable prior performance history or evaluation
with the department, failure to accept reinstatement or forty-five
days from the board's finding. If from the report, or the report
and hearing on the report, the board is of the opinion and finds
that the disabled retirant has recovered from his or her previously
determined probable permanent disability to the extent that he or
she is able to engage in any gainful employment, but unable to
adequately perform the duties of a law-enforcement officer, the
board shall order, in the case of a disabled retirant receiving
benefits under the provisions of section nine of this article, that
the disabled retirant be paid annually from the fund an amount
equal to six tenths of the base salary paid to the retirant in the
last full twelve-month employment period. The board shall order, in
the case of a disabled retirant receiving benefits under the
provisions of section ten of this article, that the disabled
retirant be paid from the fund an amount equal to one fourth of the
base salary paid to the retirant in the last full twelve-month
employment period: Provided, That if the retirant had not been
employed with the agency for twelve full months prior to the
disability, the amount of monthly salary shall be annualized for
the purpose of determining the benefit.

(b) A disability retirant who is returned to active duty as a
member of the West Virginia State Police shall again become a member of the retirement system in which he or she was originally
enrolled and the retirant's credited service in force at the time
of retirement shall be restored.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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